Objectives

Upon completion of this course, participants will be able to:

• **Apply** advanced principles of labor law (e.g., NLRA/NLRB in the US) to maintain a compliant work environment.
• **Design** and lead complex, legally sound internal investigations into misconduct and policy violations.
• **Master** effective alternative dispute resolution (ADR) techniques for resolving high-stakes employee grievances.
• **Develop** a proactive positive employee relations strategy to minimize the risk of union organization.
• **Manage** the legal risks associated with performance management, terminations, and severance agreements.
• **Advise** management on protected concerted activity and the legal bounds of employer response.
• **Handle** complex leaves of absence and accommodation requests with precision and legal accuracy.
• **Ensure** that all ER decisions are well-documented, fair, and defensible in a legal challenge.

Target Audience

• Experienced HR Business Partners (HRBPs) and Employee Relations Specialists.
• HR Directors and VPs responsible for overall ER strategy and litigation risk.
• Internal Legal Counsel and Compliance professionals focused on labor and employment law.
• Managers of HR Operations and Policy who need deeper legal knowledge.
• Professionals involved in internal investigations or grievance management.

Complex ER case studies involving multiple legal issues, Role-playing advanced interviewing and termination discussions, Group analysis of labor law compliance scenarios, Workshop on drafting a defensible investigation report conclusion, Discussion on ADR strategy and selection, Review of union campaign tactics (if applicable).

Outline

Unit 1: The Strategic Role of Employee Relations

Foundations of Employee Relations

• Defining the scope and strategic importance of proactive Employee Relations.
• The legal framework for labor law (e.g., NLRA, key state/country-specific laws).
• Case studies of high-profile ER failures and the associated legal/reputational cost.
• Developing a positive employee relations philosophy and action plan.

Protected Concerted Activity and Unions

• Deep dive into the legal definition of protected concerted activity.
• Understanding the rights of employees regarding unionization and labor organizing efforts.
• Management's legal boundaries: what you can and cannot say or do during organizing.
• The process of responding to unfair labor practice charges (ULPs).

Unit 2: Managing Complex Investigations

Investigation Planning and Scoping

• Establishing a legally compliant and defensible investigation protocol.
• Techniques for effective intake, allegation framing, and scope definition.
• The importance of maintaining confidentiality and preventing retaliation.
• Strategies for collecting physical, digital, and testimonial evidence.

Interviewing, Analysis, and Report Writing

• Advanced techniques for witness and subject interviewing and documentation.
• Strategies for assessing credibility and resolving conflicting testimony.
• The legal standard of proof and 'preponderance of the evidence.'
• Writing a final, fact-based investigation report that supports a defensible conclusion.

Unit 3: Discipline, Termination, and Litigation Avoidance

Advanced Performance and Discipline

• Risk-averse strategies for implementing progressive discipline and performance improvement plans (PIPs).
• Managing the risks associated with implied contracts and wrongful termination claims.
• Ensuring 'just cause' and fairness in all disciplinary decisions.
• Techniques for managing difficult conversations and delivering high-stakes feedback.

Terminations and Severance

• The legal requirements for reduction in force (RIF) and mass layoff notification (e.g., WARN Act).
• Drafting legally sound separation and severance agreements and releases.
• Managing the risks of retaliation and post-employment claims.
• Checklists for defensible, non-discriminatory termination processes.

Unit 4: Alternative Dispute Resolution (ADR) and Grievances

ADR Mechanisms

• Overview of the continuum of ADR: mediation, arbitration, and internal peer review.
• Designing and implementing an effective internal grievance procedure.
• The pros and cons of mandatory pre-dispute arbitration agreements.
• Training managers and employees on using the internal dispute resolution process.

Collective Bargaining and Contract Administration

• Negotiating in a unionized environment (overview of bargaining process).
• Managing and interpreting the collective bargaining agreement (CBA).
• The process of handling and resolving union grievances and arbitration (overview).
• Strategies for maintaining management rights under a CBA.

Unit 5: Complex Accommodation and Policy Integration

Leaves of Absence and Accommodation

• Managing complex interactions between FMLA, ADA, workers' compensation, and short-term disability.
• The 'interactive process' for reasonable accommodation requests.
• Documenting the decision-making process for leaves and accommodations.
• Managing accommodation requests for remote work and other flexible arrangements.

ER Policy Integration

• Ensuring ER practices align perfectly with the employee handbook and company policies.
• The importance of thorough documentation and record-keeping for legal defense.
• Case studies on the intersection of ER, social media, and off-duty conduct.
• Personal action plan for reducing litigation risk in the ER function.